03/18/2019 — CV2018007274 I HOMEOWNERS ASSOCIATION INC, SILVERTON I 03/18/2019 HON. PAMELA GATES View Minute Entry ↑ top

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Clerk of the Superior Court

*** Electronically Filed ***

03/20/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-007274

03/18/2019

Docket Code 928
Form V000A
Page 1

CLERK OF THE COURT
HON. PAMELA GATES
K. Ballard

Deputy

SANDRA SAXION
JONATHAN A DESSAULES

v.

SILVERTON I I HOMEOWNERS
ASSOCIATION INC, et al.
NICHOLAS C NOGAMI

MICHAEL THOMAS POULTON

STAY OF PROCEEDING

The court received Defendant Silverton II Homeowners Association’s December 13, 2018 Motion
for Judgment on the Pleadings or in the Alternative Motion to Compel Arbitration and Stay
Proceedings; Defendants Schroeders’ December 13, 2018 Joinder in Motion for Judgment on the
Pleadings (which in content constituted a joinder in Defendant Silverton II Homeowners
Association’s Motion for Judgment on the Pleadings and Motion to Compel Arbitration and Stay
Proceedings); Plaintiffs’ January 2, 2019 Response to Defendants’ Motion for Judgment on the
Pleadings or in the Alternative Motion to Compel Arbitration and Stay Proceedings; Schroeder
Defendants’ January 25, 2019 Reply to Plaintiff’s Response to Defendants’ Motion for Judgment
on the Pleadings or in the Alternative Motion to Compel Arbitration and Stay Proceedings; and
Silverton II Homeowners Association’s February 8, 2019 Reply in Support of Defendant
Silverton’s Motion for Judgment on the Pleadings or in the Alternative Motion to Compel
Arbitration and Stay Proceedings. The court does not find oral argument is necessary to decide
this matter.

Arizona Revised Statutes §12-1502(A) provides that “[o]n application of a party showing an
agreement described in §12-1501, and the opposing party’s refusal to arbitrate, the court shall order
the parties to proceed with arbitration, but if the opposing party denies the existence of the

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2018-007274

03/18/2019

Docket Code 928
Form V000A
Page 2

agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised
and shall order arbitration if found for the moving party.” Subsection D of Section 12-1502 states
that “[a]ny action or proceeding involving an issue subject to arbitration shall be stayed if an order
for arbitration or an application therefor has been made under this section.” Section 12-1501
provides that “[a] written agreement to submit any existing controversy to arbitration or a provision
in a written contract to submit to arbitration any controversy thereafter arising between the parties
is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the
revocation of any contract.”

Defendant Silverton II Homeowners Association, Inc., Plaintiff, and Defendant Schroeders are
bound by the terms of the Declaration of Homeowner Benefits and Covenants, Conditions, and
Restrictions for Silverton II (CC&Rs). See Complaint ¶¶1-6. The CC&Rs contain a “Dispute
Resolution Agreement,” which states that all Bound ADP Parties covenant and agree “that all
Covered Claims . . . between one or more Bound ADR Party must be resolved using the dispute
resolution procedure . . . in lieu of filing a lawsuit or initiating administrative proceedings.” See
Defendant Silverton II Homeowners Association’s Motion for Judgment on the Pleadings or in the
Alternative Motion to Compel Arbitration and Stay Proceedings Exhibit 1. The parties and claims
in Plaintiff’s Complaint fall within the definitions of “Bound ADR Parties” and “Covered Claims.”
Id.

The court does not find that any argument asserted by Plaintiff in her Response prevents
enforcement of the parties’ agreement to arbitrate. Therefore,

IT IS ORDERED denying Defendants’ request for judgment on the pleadings but granting
Defendants’ request to compel arbitration and stay the proceedings.

IT IS ORDERED staying the proceedings until July 16, 2019. The case is set for dismissal on
July 16, 2019 absent an agreement or request to continue the stay or further court order.

IT IS FURTHER ORDERED granting, pursuant A.R.S. §12-349(A)(3), Defendants their
reasonable attorneys’ fees and costs associated with the Motion for Judgment on the Pleadings or
in the Alternative Motion to Compel Arbitration and Stay the Proceedings. Defendants must
submit an application for attorneys’ fees and costs on or before April 8, 2019. Thereafter, Plaintiff
may file an objection.